73rd Legislative Session -- 1998
Committee: House Judiciary
Friday, February 6, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Hunt, Chair
E
Hagg, Vice-Chair
P
Brown (Jarvis)
P
de Hueck
P
Duniphan
P
Fitzgerald
P
Matthews
P
Rost
P
Solum
P
Collier
P
Gleason
P
Moore
P
Volesky
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Hunt
MOTION:
TO APPROVE THE MINUTES OF February 4, 1998
Moved by:
Representative Duniphan
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
HB 1105:
to assign liability for certain environmental damages associated with
large-scale contract livestock feeding operations.
Proponents:
LuAnne Napton, SD Resource Coalition
Opponents:
Warren May, Murphy Family Farm
Presented by:
Representative Weber
MOTION:
DEFER HB 1105 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum,
Gleason, Moore, Volesky
Voting no:
Collier
Excused:
Hagg
HB 1264:
to make certain large-scale contract livestock feeders liable for
environmental damages.
Proponents:
LuAnne Napton, SD Resource Coalition
Presented by:
Representative Chicoine
MOTION:
DEFER HB 1264 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum
Voting no:
de Hueck, Collier, Gleason, Moore, Volesky
Excused:
Hagg
MOTION:
SUBSTITUTE MOTION DO PASS HB 1264
Moved by:
Representative Volesky
Second by:
Representative Collier
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
de Hueck, Fitzgerald, Collier, Gleason, Moore, Volesky
Voting no:
Hunt, Brown (Jarvis), Duniphan, Matthews, Rost, Solum
Excused:
Hagg
HB 1213:
to require certain persons convicted of driving under the influence of
alcohol or drugs or related crime to participate in an evaluation, education, and
treatment.
Proponents:
Kent Solem
Mike Buenger, Unified Judicial System
Kelly Johnson
Presented by:
Representative Matthews
MOTION:
AMEND HB 1213
r-1213b
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. Before pleading guilty or nolo contendere to first or second offense driving under the
influence of alcohol or drugs or before pleading guilty or nolo contendere to reckless or careless
driving arising out of an alcohol or drug related arrest, or after being found guilty at trial, a defendant
shall have an alcohol or drug evaluation by:
(1) A chemical dependency counselor certified by the South Dakota Chemical Dependency
Certification Board; or
(2) A person designated by tribal government to do evaluations, if the defendant is under
tribal jurisdiction; or
(3) A licensed psychologist; or
(4) A licensed physician.
The defendant shall pay for the evaluation which shall be provided to the court. The court shall
consider the evaluation at sentencing.
For a first offense, the court may order the defendant to attend a sixteen-hour alcohol or drug
education program approved by the South Dakota Chemical Dependency Certification Board or the
South Dakota Division of Alcohol and Drug Abuse. After considering the defendant's alcohol or
drug evaluation, the court may order additional education or treatment. Notwithstanding indigence,
the defendant shall be responsible for the cost of the evaluation and education, and if ordered to
treatment by the court, shall secure funding for the treatment cost.
For a second offense, after considering the defendant's alcohol or drug evaluation, the court may
order in-patient or out-patient education or treatment in addition to the sixteen-hour alcohol or drug
education program. Notwithstanding indigence, the defendant shall be responsible for the cost of the
evaluation and education, and if ordered to treatment by the court, shall secure funding for the
treatment cost.
"
Moved by:
Representative Fitzgerald
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
Chairman Hunt deferred HB 1213 UNTIL February 9, 1998
HB 1025:
to revise certain provisions regarding confidentiality of child abuse or
neglect information.
Proponents:
Judy Hines, Department of Social Services
MOTION:
DO PASS HB 1025
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Solum
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Rost, Solum
Voting no:
de Hueck, Matthews, Collier, Gleason, Volesky
Excused:
Hagg, Moore
MOTION:
AMEND HB 1025
r-1025
On page
2
,
line
16 of the printed bill
,
delete "
State hearing examiners and any
"
and insert "
Any
"
.
Moved by:
Representative de Hueck
Second by:
Representative Gleason
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1025 AS AMENDED
Moved by:
Representative Volesky
Second by:
Representative de Hueck
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Volesky
Voting no:
Hunt
Excused:
Hagg, Moore
HB 1306:
to revise reunification of a parent and child if a child has been removed
from a home and to revise termination of parental rights.
Proponents:
Judy Hines, Department of Social Services
Lisa Kaiser, Court Appointed Special Advocate
Presented by:
Representative Jorgensen
MOTION:
To appoint a sub-committee (de Hueck, Collier, and Rost)
Moved by:
Representative Hunt
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
Chairman Hunt deferred HB 1025 UNTIL February 11, 1998
HB 1230:
to provide a defense to aggravated assault under certain circumstances.
Opponents:
Chuck Schroyer, SD State's Attorney Assoc.
Presented by:
Representative Windhorst (Handout 1 and 2)
MOTION:
AMEND HB 1230
t-1230
On page
2
,
line
7 of the printed bill
,
delete "
apprehend
"
and insert "
believe there is intent
"
.
On page
2
,
line
8
,
delete "
a design
"
.
On page
2
,
line
9
,
delete "
design
"
and insert "
intent
"
.
Moved by:
Representative Duniphan
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION AMEND HB 1230
r-1230
On page
2
,
delete lines
6
to
9 of the printed bill
, inclusive
,
and insert:
"
However, there is a rebuttable presumption that a violation of this section is justifiable if
committed by any person, who has cause to be in fear of imminent serious bodily harm to self or
others, is acting within the law.
"
Moved by:
Representative Matthews
Second by:
None
Action:
Died for a lack of a second
MOTION:
DEFER HB 1230 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Collier
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Fitzgerald, Rost, Solum, Collier, Gleason, Moore,
Volesky
Voting no:
Duniphan, Matthews
Excused:
Hagg
HB 1303:
to provide for prelitigation panels to review certain liability claims
against landowners.
Opponents:
Bob Freeberg, SD Trial Lawyers Assoc.
Mike Shaw, National Association of Independent Insurers
Craig Matson, State Farm Insurance
Presented by:
Representative Koskan
MOTION:
DEFER HB 1303 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Collier
Second by:
Representative Rost
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Hunt, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Solum, Collier,
Gleason, Moore, Volesky
Excused:
Hagg, de Hueck
MOTION:
ADJOURN
Moved by:
Representative Solum
Second by:
Representative Rost
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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